The Gazette 1994

GAZETTE

APRIL 1994

years of misuse, the word "anticipate" has the same meaning as "expect". One might mourn the loss of subtlety but if the objective of writing is to communicate with the reader then a balance has to be found between .being pedantic and the desire to be understood. So-called style books abound. (This reviewer's favourites remain The Economist Pocket Style Book and Fowler's Modern English Usage.) For anyone who has to write, or edit, it is helpful to have at hand a set of guidelines on English usage as an aid to achieving consistency and clarity and it probably does not matter which work is chosen provided it is adhered to and consulted regularly. At £5.95, the Rathmines Style Book is good value and its tone is modern and user- friendly, although one cannot help remarking, albeit cynically, that its influence on staff in the newspapers of Ireland has not been total. Competition and Free Movement in the Energy, Postal and Telecommunications Markets in the EEC By J.H.V. Stuyck (ed.) and A.J. Vossestein (ed.), Kluwer Law and Taxation Publishers Deventer - Boston, 1993,129pp $49.00 or £33 Stg. A form of control classically exercised by Government in relation in particular to the energy, postal and telecommunication markets has been the creation of a statutory monopoly or some form of privilege. By the reign of Elizabeth /, a monopoly essentially embraced exclusive grants of patents and franchises by the Queen to her servants and courtiers. Such exclusive grants resulted in the raising of prices of necessary commodities. The hardship caused by the high prices in victuals and implements of Barbara Cahalane. State Entrepreneurship, National Monopolies and European Community Law

with the fundamental Treaty provisions on the free movement of goods, the free provision of services, the freedom of establishment and the rules of competition, concepts of "services of general economic interest", "third party access", "cross subsidisation" and the need for transparency in the relationship between Member States and their public undertakings. : This book is an important work of reference for any lawyer involved in the regulated sectors. The book is a valued tool for the specialist. For ! those who have an interest in European Law, the book provides an • excellent way in which to familiarise ! oneself with Articles 85, 86 and 90 of the Treaty of Rome. Users of the 1994 Law Directory are kindly asked to note the following additional corrections. On page 92 (Clare Register) please note the qualifications of Wall, Pamela, B.A. LL.B. Dip. Property Tax. On page 155 (Dublin Register) please note that in the entries for the firm L a w D i r e c t o r y 1 9 9 4 - C o r r e c t i o ns | Dillon and for Dillon, Brendan J, the telephone number should read 2960666 and the fax number j 2960982. At page 179 (Dublin Register) please note that the correct second telephone number for the practice Hughes & I Company, Damien, should read 6766763. On page 180 the entry for Hughes, Damien J, should read admitted in England and Wales - 1983 and not 1993 as incorrectly stated on the errata sheet published with the March issue of the Gazette. On page 554, please delete Carroll, John, who was incorrectly listed as a Commissioner for Oaths. Dr. Eamonn G. Hall

trade and commerce resulted in the celebrated Case of Monopolies , 11 Co. Rep. 84 (1602) which prohibited and declared illegal exclusive grants or franchises. The monopolist not only caused a rise in prices but also restrained trade and manufacturing because of the exclusive nature of his grant. The element of exclusiveness by royal sanction which, in effect, precluded a person from pursuing a livelihood, gave birth to the common law principle that "prima facie trade must be free". Your reviewer is not of course suggesting that in Ireland the statutory monopolies caused rises in prices which were unjustified; regard must be had to the concept of natural monopolies and economies of scale and scope. This book is as a result of a seminar which was held in December, 1992 in Nijmegen, (the Netherlands) and was organised by the Institute of European seminar was to present an overview of the current state of development of the Internal Market in some specific sectors of the economy, in which Member States traditionally have intervened by granting (public) undertakings exclusive or special rights. Thus, special attention was given to the gas, electricity, telecommunications and postal sectors. For this purpose various experts of the European Commission, the academic world, the bar and the sectors concerned, expressed their views on the specific topics. There is an increasing need for transparency in the relationship between these undertakings and their Member States. Transparency is essential to ensure that Member States do not distort competition by granting their public undertakings any form of aid, unless it is compatible with the common market. This book is a timely publication which analyses the different problems which arise by liberalising important sectors of the economy. The book considers questions of the compatibility of national monopolies Law of the Catholic University Nijmegen. The objective of the

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